The Senate was called to order by the President, Lieutenant Governor John D. Cherry, Jr.

The roll was called by the Secretary of the Senate, who announced that a quorum was present.

Allen--present

Emerson--present

Olshove--present

Barcia--present

Garcia--present

Patterson--present

Basham--present

George--present

Prusi--present

Bernero--present

Gilbert--present

Sanborn--present

Birkholz--present

Goschka--present

Schauer--present

Bishop--present

Hammerstrom--present

Scott--present

Brater--present

Hardiman--present

Sikkema--present

Brown--present

Jacobs--present

Stamas--present

Cassis--present

Jelinek--present

Switalski--present

Cherry--present

Johnson--present

Thomas--present

Clark-Coleman--present

Kuipers--present

Toy--present

Clarke--present

Leland--present

Van Woerkom--present

Cropsey--present McManus--present

Pastor Mark Daas of Mars Hill Bible Church of Grandville offered the following invocation:

God, thank You so much for the privilege of government and being able to make these kinds of decisions. We pray for great discernment and determination for these people, God, that you would shine Your face on them and be gracious to them in this time of making great decisions for our state. We pray that in all of this You would be seen and that in all of these decisions Your love would be reflected. So thank You for this day, and we pray again for these people, determination, and discernment, God. We pray this in Your name. Amen.

The President, Lieutenant Governor Cherry, led the members of the Senate in recital of the Pledge of Allegiance.

Motions and Communications

The following communications were received:

Office of the Auditor General

May 23, 2003

Enclosed is a copy of the following audit report and/or report summary:

Performance Audit of the Office of Services to the Aging, Department of Community Health, May 2003.

May 23, 2003

Enclosed is a copy of the following audit report and/or report summary:

Enclosed is a copy of the following audit report and/or report summary:

Financial Audit including the Provisions of the Single Audit Act of the Department of Management and Budget, October 1, 2000 through September 30, 2002.

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communications were referred to the Secretary for record.

The following communication was received and read:

Department of State

May 23, 2003

Please find enclosed the certificate of election for Mickey Mortimer, elected at the May 20, 2003 special election to fill the vacancy in the 65th State Representative District.

A copy of the official election results, certified by the Board of State Canvassers on May 23, 2003, is enclosed.

Please do not hesitate to contact this office if you have any questions.

Sincerely,

Christopher M. Thomas

Director of Elections

United States of America

THE STATE OF MICHIGAN

DEPARTMENT OF STATE

I, Terri Lynn Land, Secretary of State and custodian of the Great Seal of the State of Michigan, certify that Mickey Mortimer was elected to fill the vacancy in the 65th State Representative District for a partial term expiring January 1, 2005, as shown by the May 20, 2003 special election returns certified by the Board of State Canvassers on May 23, 2003.

[SEAL] May 23, 2003

Terri Lynn Land

Secretary of State

SPECIAL ELECTION CERTIFICATION

The Board of State Canvassers of the State of Michigan, having met at the Office of the Secretary of State in Lansing for the purpose of canvassing the votes cast at the special election conducted in the 65th State House District on May 20, 2003, hereby certifies that this is a true statement of the votes given in the election.

We further determine that Mickey Mortimer was elected to the office of State Representative, District 65, for a term expiring January 1, 2005.

[SEAL] IN WITNESS WHEREOF, WE HAVE SUBSCRIBED OUR NAMES IN LANSING, MICHIGAN THIS 23RD DAY OF MAY, 2003.

Eric J. Pelton, Vice-Chairperson

Doyle O'Conner, Member

Kathy DeGrow, Member

The communication was referred to the Secretary for record.

The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, May 27:

House Bill Nos. 4330 4457 4495

Recess

Senator Johnson moved that the Senate recess subject to the call of the Chair.

The motion prevailed, the time being 10:04 a.m.

11:16 a.m.

The Senate was called to order by the President, Lieutenant Governor Cherry.

Senator Hammerstrom moved that the rules be suspended and that the following appointments, now on Committee Reports, be placed on the order of Messages from the Governor for consideration today:

Certificate of Need Commission

Mr. James Maitland, 4303 Maitland Drive, Williamsburg, Michigan 49690, county of Grand Traverse, for a term commencing on March 28, 2003 and expiring on March 28, 2006.

Ms. Renee Turner-Bailey, 4534 Strandwyck Road, West Bloomfield, Michigan 48322, county of Oakland, for a term commencing on March 28, 2003 and expiring on March 28, 2006.

Mr. Michael Young, 3051 Courtz Isle #6, Flint, Michigan 48532, county of Genesee, for a term of two years.

Mr. Michael Sandler, 4270 Barcroft Way, West Bloomfield, Michigan 48323, county of Oakland, for a term of three years.

Ms. Norma Hagenow, 8103 Hawkcrest Drive, Grand Blanc, Michigan 48439, county of Genesee, for a term of one year.

Mr. Richard Breon, 4177 Thousand Oaks NE, Grand Rapids, Michigan 49525, county of Kent, for a term of one year.

Mr. Peter Ajluni, 1080 Dowling Road, Bloomfield Hills, Michigan 48013, county of Oakland, for a term of two years.

Commissioner, Bureau of State Lottery

Mr. Gary C. Peters, 2645 Bloomfield Crossing, Bloomfield Township, Michigan 48304, county of Oakland, to a term commencing on April 9, 2003 and expiring at the pleasure of the Governor.

The motion prevailed, a majority of the members serving voting therefor.

Messages from the Governor

Senator Hammerstrom moved that consideration of the following bill be postponed for today:

Senate Bill No. 195

The motion prevailed.

Certificate of Need Commission

Mr. James Maitland, 4303 Maitland Drive, Williamsburg, Michigan 49690, county of Grand Traverse, for a term commencing on March 28, 2003 and expiring on March 28, 2006.

Ms. Renee Turner-Bailey, 4534 Strandwyck Road, West Bloomfield, Michigan 48322, county of Oakland, for a term commencing on March 28, 2003 and expiring on March 28, 2006.

Mr. Michael Young, 3051 Courtz Isle #6, Flint, Michigan 48532, county of Genesee, for a term of two years.

Mr. Michael Sandler, 4270 Barcroft Way, West Bloomfield, Michigan 48323, county of Oakland, for a term of three years.

Ms. Norma Hagenow, 8103 Hawkcrest Drive, Grand Blanc, Michigan 48439, county of Genesee, for a term of one year.

Mr. Richard Breon, 4177 Thousand Oaks NE, Grand Rapids, Michigan 49525, county of Kent, for a term of one year.

Mr. Peter Ajluni, 1080 Dowling Road, Bloomfield Hills, Michigan 48013, county of Oakland, for a term of two years.

The question being on advising and consenting to the said appointments to office,

The Senate advised and consented to the said appointments to office, a majority of the members serving voting therefor, as follows:

Roll Call No. 136 Yeas--38

Allen

Clark-Coleman

Jacobs

Sanborn

Barcia

Clarke

Jelinek

Schauer

Basham

Cropsey

Johnson

Scott

Bernero

Emerson

Kuipers

Sikkema

Birkholz

Garcia

Leland

Stamas

Bishop

George

McManus

Switalski

Brater

Gilbert

Olshove

Thomas

Brown

Goschka

Patterson

Toy

Cassis

Hammerstrom

Prusi

Van Woerkom

Cherry

Hardiman

Nays--0

Excused--0

Not Voting--0

In The Chair: President

Commissioner, Bureau of State Lottery

Mr. Gary C. Peters, 2645 Bloomfield Crossing, Bloomfield Township, MI 48304, county of Oakland, to a term commencing on April 9, 2003 and expiring at the pleasure of the Governor.

The question being on advising and consenting to the said appointment to office,

The Senate advised and consented to the said appointment to office, a majority of the members serving voting therefor, as follows:

Roll Call No. 137 Yeas--37

Allen

Clark-Coleman

Hardiman

Sanborn

Barcia

Clarke

Jacobs

Schauer

Basham

Cropsey

Jelinek

Scott

Bernero

Emerson

Kuipers

Sikkema

Birkholz

Garcia

Leland

Stamas

Bishop

George

McManus

Switalski

Brater

Gilbert

Olshove

Thomas

Brown

Goschka

Patterson

Toy

Cassis

Hammerstrom

Prusi

Van Woerkom

Cherry

Nays--0

Excused--0

Not Voting--1

Johnson

In The Chair: President

Senator Jacobs asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Jacobs' statement is as follows:

I am proud to stand before you today and announce my support for the appointment of Gary Peters as the Commissioner of the Michigan Bureau of State Lottery. Mr. Peters served with distinction as a member of this chamber, as vice chair of the Committees on Natural Resources and Environmental Affairs, Judiciary, Education, and Finance. Governor Granholm has certainly made an excellent choice in selecting him to again serve the people of Michigan.

Prior to his state work, Mr. Peters was a councilman for the city of Rochester Hills. He also was employed as vice president of Investments at UBS Payne Webber Inc. and assistant vice president of Merrill Lynch in Rochester Hills.

Throughout his career, Mr. Peters has been an honorable and hardworking public servant. In his new position, his financial acumen and passion will serve our state well. I ask that my colleagues join me in supporting Mr. Peters' nomination as the State Lottery Commissioner.

Messages from the House

Senator Hammerstrom moved that consideration of the following bills be postponed for today:

The House of Representatives has concurred in the Senate substitute (S-1) as amended.

Pursuant to rule 3.202, the bill was laid over one day.

By unanimous consent the Senate proceeded to the order of

Resolutions

Senate Resolution No. 89.

A resolution to memorialize Congress to enact legislation to support research, development, and construction of the Interstate Traveler Project through the reauthorization of the Transportation Equity Act of the 21st Century (TEA-21) and/or other related federal programs.

The question being on the adoption of the resolution,

The resolution was adopted.

Senate Resolution No. 71.

A resolution to memorialize Congress to include funding for the American Red Cross Armed Forces Emergency Services in the National Defense Authorization Act and the Department of Defense Appropriations Act for fiscal year 2004.

The question being on the adoption of the resolution,

The resolution was adopted.

Senators Goschka and Cassis were named co-sponsors of the resolution.

Senate Concurrent Resolution No. 21.

A concurrent resolution to memorialize Congress to include funding for the American Red Cross Armed Forces Emergency Services in the National Defense Authorization Act and the Department of Defense Appropriations Act for fiscal year 2004.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

Senators Goschka and Cassis were named co-sponsors of the concurrent resolution.

Senate Resolution No. 87.

A resolution to memorialize the Congress of the United States to continue providing assistance to Michigan to help eradicate bovine tuberculosis.

The question being on the adoption of the resolution,

The resolution was adopted.

Senate Resolution No. 88.

A resolution to memorialize the United States Department of Agriculture to adopt the proposed regulation allowing Michigan to be designated as having split-state status with regard to bovine tuberculosis.

The question being on the adoption of the resolution,

The resolution was adopted.

House Concurrent Resolution No. 14.

A concurrent resolution to memorialize the Congress of the United States to include funding for capital costs for the Mackinac Bridge in legislation reauthorizing transportation spending through the Transportation Equity Act.

Whereas, The legislation that provides the formula for the expenditure of federal funds for transportation purposes expires at the end of this fiscal year. This legislation sets priorities for the country. It represents the country's commitment to investments that are of vital importance to virtually all segments of our society; and

Whereas, The Mackinac Bridge is clearly one of the nation's most valuable transportation resources. It is a major component of our infrastructure, with benefits that extend far beyond our state. An engineering marvel spanning one of North America's critically important freshwater transportation routes, the Mackinac Bridge is a treasure not only to the proud people of Michigan, but to the entire country; and

Whereas, The Mackinac Bridge faces several costly projects in the near future. Redecking and repainting will require a financial commitment that will be beyond the level that can be supported by the current financial structure, including the current toll rates. Absorbing these costs may also threaten other components of Michigan's transportation system; and

Whereas, As policymakers identify projects that will be funded through the reauthorization of TEA-21, it is most appropriate that attention be focused on costs facing one of our most important transportation resources--the Mackinac Bridge. This treasure is clearly a worthy investment, one that serves as a vital link and as a symbol of our national strength; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we memorialize the Congress of the United States to include funding for capital costs for the Mackinac Bridge in legislation reauthorizing transportation spending through the Transportation Equity Act; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The House of Representatives has adopted the concurrent resolution.

Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,

Senator Hammerstrom moved that the rule be suspended.

The motion prevailed, a majority of the members serving voting therefor.

The question being on the adoption of the concurrent resolution,

Senator Hammerstrom moved that the concurrent resolution be referred to the Committee on Transportation.

The motion prevailed.

Senators Olshove, Clarke, Thomas, Cherry, Cropsey and Allen were named co-sponsors of the concurrent resolution.

By unanimous consent the Senate returned to the order of

General Orders

Senator Hammerstrom moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

After some time spent therein, the Committee arose; and, the President, Lieutenant Governor Cherry, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill:

The Senate agreed to the substitute, as amended, recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 460, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3406q (MCL 500.3406q), as added by 2002 PA 538, and by adding chapter 37.

Substitute (S-3).

The following are the amendments to the substitute recommended by the Committee of the Whole:

1. Amend page 8, line 18, after "preceding" by striking out "or" and inserting "and".

2. Amend page 10, line 19, after "or" by striking out "sale" and inserting "sole".

3. Amend page 11, line 1, by striking out all of subdivision (c) and inserting:

"(c) Except as otherwise provided in subdivision (f), the premium rates charged during a rating period by a small employer carrier other than a nonprofit health care corporation or health maintenance organization for a health benefit plan in a geographic area to small employers or sole proprietors located in that geographic area shall not vary from the index rate for that health benefit plan by more than 40% of the index rate.".

4. Amend page 11, line 17, after "subdivision (a)" by striking out the balance of the line through "and" on line 18 and inserting "that does not exceed 15% annually and shall be".

5. Amend page 20, line 23, after "certification," by striking out the balance of the line through "information," on line 24.

The Senate agreed to the substitute, as amended, recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

The following are the amendments to the substitute recommended by the Committee of the Whole:

1. Amend page 1, line 1, by striking out all of section 201.

2. Amend page 13, line 19, after "insurer" by inserting a comma.

3. Amend page 24, line 2, after "(d)" by striking out "Except" and inserting "For groups of under 100 subscribers and except".

4. Amend page 24, line 7, after "principles" by inserting "based on rating factors permitted under this act".

5. Amend page 27, line 21, after "perform." by inserting "A health care corporation shall not reimburse a health practitioner located out of state at a higher rate for the same health care services than it reimburses an in-state health care provider.".

The Senate agreed to the substitute, as amended, recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

The following are the amendments to the substitute recommended by the Committee of the Whole:

1. Amend page 1, line 1, by striking out all of section 420a.

2. Amend page 1, line 5, by striking out all of section 422a.

3. Amend page 2, line 4, by striking out all of section 422c.

The Senate agreed to the substitute, as amended, recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senator Hammerstrom moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar:

Senate Bill No. 234

Senate Bill No. 236

Senate Bill No. 237

Senate Bill No. 238

Senate Bill No. 460

The motion prevailed, a majority of the members serving voting therefor.

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 141 Yeas--38

Allen

Clark-Coleman

Jacobs

Sanborn

Barcia

Clarke

Jelinek

Schauer

Basham

Cropsey

Johnson

Scott

Bernero

Emerson

Kuipers

Sikkema

Birkholz

Garcia

Leland

Stamas

Bishop

George

McManus

Switalski

Brater

Gilbert

Olshove

Thomas

Brown

Goschka

Patterson

Toy

Cassis

Hammerstrom

Prusi

Van Woerkom

Cherry

Hardiman

Nays--0

Excused--0

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 460, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3406q (MCL 500.3406q), as added by 2002 PA 538, and by adding chapter 37.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 142 Yeas--34

Allen

Cherry

Jacobs

Schauer

Barcia

Clark-Coleman

Kuipers

Scott

Basham

Clarke

Leland

Sikkema

Bernero

Cropsey

McManus

Stamas

Birkholz

Emerson

Olshove

Switalski

Bishop

Gilbert

Patterson

Thomas

Brater

Goschka

Prusi

Toy

Brown

Hammerstrom

Sanborn

Van Woerkom

Cassis

Hardiman

Nays--4

Garcia George Jelinek Johnson

Excused--0

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

Protests

Senator George, under his constitutional right of protest (Art. 4, Sec. 18), protested against passage of Senate Bill Nos. 234, 236 and 460 and moved that the statement he made during the discussion of Senate bill No. 460 be printed as his reasons for voting "no."

The motion prevailed.

Senator George's statement is as follows:

I just wanted to offer an explanation for my "no" vote on this bill and a couple of the preceding bills. I just wanted to step back and give a little overview of the situation and health care as a whole in Michigan, and again, point out that there are many different elements to it. They all interrelate. It's quite a complex environment. If you made the analogy that it's like an ocean ecosystem with all different elements and plants and animals, Blue Cross would be the whale in the system. They're the largest corporation domiciled in Michigan. Really what we've done today is find a way to feed the whale while we've ignored some of the other elements of the system.

Although I appreciate the hard work that members of the committee have done, and they have taken up a couple of my amendments on these bills, I am going to be voting "no" because I think in total what we've done is changed, altered the pact that we've had with Blue Cross Blue Shield for the last 23 years. It's an important pact, whereby they were tax-exempt, but in return, they filled a special mission, a special role for us. We now are changing the rules of that game. I think we're changing them in a way that is going to hurt commercial insurance companies and HMOs. Ultimately, it will affect the citizens of this state in the way that they receive health care.

We've also missed some opportunities I think. We had an opportunity here with looking at Public Act No. 350. We had an opportunity to require that Blue Cross Blue Shield at least bid on a Medicaid HMO contract--something they have chosen not to do. I can only help but wonder where would our Detroit hospitals be today had Blue Cross decided to bid and to participate with our Medicaid population. They had that option and they chose not to, and now we're left with a fragmented HMO system in that city. Again, we hear from the Detroit hospitals about their reimbursement problems with the HMOs that we have there. How would things have been different had our benevolent and charitable insurer of last resort had chosen to play a role there?

Blue Cross has a bulletin they send out to their members, and a recent issue discusses the help they're offering for the uninsured. To help with uninsured residents, Blue Cross Blue Shield is now offering a telephone number you can call to get a brochure on where you can find help with getting free services through county health plans or veterans' benefits. So the way Blue Cross has helped us with dealing with the uninsured is to offer a telephone number--it's not even a toll-free number--and a brochure that patients can use to find out where they can go elsewhere for their services.

I think we've missed an opportunity to refocus their mission on what's really important. At the same time, we risk, in the bigger picture, affecting the way other carriers and other HMOs operate. Again, that may well have detrimental effects on the number of insured in Michigan or on the premiums that people pay for insurance.

I will be voting "no" on this bill as I did on two others in this package.

Senator Garcia, under his constitutional right of protest (Art. 4, Sec. 18), protested against passage of Senate Bill No. 460.

Senator Garcia's statement is as follows:

I voted "no" on Senate Bill No. 460, even though I voted "yes" for the other bills in this package, because I was not convinced that this was the right method to deal with the issue of health care. While I commend the bill sponsors, Senator Hammerstrom and Senator Patterson, for their work, certainly their intent was very noble, and they had many good things in this bill. I had heard from many of my constituents who said that I should not support this package because it would cause their insurance rates to go up. Because of that, they might not be able to offer health insurance to many of their employees.

We need to do something about this problem of skyrocketing health care costs. Unfortunately, I was not convinced that this particular bill, and the important provisions in it, was the right avenue to go. I will continue to work with the bill sponsors and others to try and form or obtain some kind of solution that I can support. In the meantime, I just wanted to let the body know, and of course, my constituents, why I voted against this bill.

A bill to establish the Michigan housing and community development fund in the department of treasury; to provide for the administration of the fund; to provide for the deposit of certain money in that fund; to provide for the distribution of the money in that fund and to limit the use of the money in that fund; and to prescribe the powers and duties of certain state officials.

The bill was read a first and second time by title and referred to the Committee on Local, Urban and State Affairs.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

The bill was read a first and second time by title and referred to the Committee on Transportation.

Committee Reports

The Committee on Local, Urban and State Affairs reported

House Bill No. 4300, entitled

A bill to amend 1913 PA 380, entitled "An act to regulate gifts of real and personal property to cities, villages, townships, and counties, and the use of the those gifts; and to validate all such gifts made before the enactment of this act," by amending the title and section 2 (MCL 123.872), the title as amended and section 2 as added by 1985 PA 9.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

The committee further recommends that the bill be given immediate effect.

Laura M. Toy

Chairperson

To Report Out:

Yeas: Senators Toy, Birkholz, Goschka, Basham and Bernero

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

The Committee on Local, Urban and State Affairs reported

Senate Bill No. 379, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," by amending sections 9 and 9b (MCL 117.9 and 117.9b), section 9 as amended by 1984 PA 352 and section 9b as added by 1982 PA 465, and by adding sections 9c, 9d, and 9e.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Laura M. Toy

Chairperson

To Report Out:

Yeas: Senators Toy, Birkholz, Goschka, Basham and Bernero

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Local, Urban and State Affairs reported

Senate Bill No. 380, entitled

A bill to amend 1909 PA 278, entitled "The home rule village act," by amending sections 4 and 5 (MCL 78.4 and 78.5) and by adding section 5b.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Laura M. Toy

Chairperson

To Report Out:

Yeas: Senators Toy, Birkholz, Goschka, Basham and Bernero

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Local, Urban and State Affairs reported

Senate Bill No. 381, entitled

A bill to amend 1968 PA 191, entitled "An act to create a state boundary commission; to prescribe its powers and duties; to provide for municipal incorporation, consolidation, and annexation; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," by amending section 11b (MCL 123.1011b), as added by 1982 PA 192.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Laura M. Toy

Chairperson

To Report Out:

Yeas: Senators Toy, Birkholz, Goschka, Basham and Bernero

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Local, Urban and State Affairs reported

Senate Bill No. 382, entitled

A bill to amend 1846 RS 16, entitled "Of the powers and duties of townships, the election and duties of township officers, and the division of townships," (MCL 41.1a to 41.110c) by adding section 104a.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

The committee further recommends that the bill be given immediate effect.

Laura M. Toy

Chairperson

To Report Out:

Yeas: Senators Toy, Birkholz, Goschka, Basham and Bernero

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Local, Urban and State Affairs reported

Senate Bill No. 383, entitled

A bill to amend 1895 PA 3, entitled "The general law village act," by amending section 6 of chapter XIV (MCL 74.6) and by adding section 6b to chapter XIV.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

The committee further recommends that the bill be given immediate effect.

Laura M. Toy

Chairperson

To Report Out:

Yeas: Senators Toy, Birkholz, Goschka, Basham and Bernero

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Local, Urban and State Affairs submitted the following:

Meeting held on Thursday, May 22, 2003, at 1:00 p.m., Room 110, Farnum Building

Present: Senators Toy (C), Birkholz, Goschka, Basham and Bernero

The Committee on Transportation reported

Senate Bill No. 472, entitled

A bill to amend 1909 PA 283, entitled "An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies," by amending section 18 (MCL 224.18), as amended by 2000 PA 342.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

The committee further recommends that the bill be given immediate effect.

Judson S. Gilbert II

Chairperson

To Report Out:

Yeas: Senators Gilbert, Kuipers, Leland and Basham

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Transportation submitted the following:

Meeting held on Tuesday, May 27, 2003, at 1:00 p.m., Room 110, Farnum Building

Present: Senators Gilbert (C), Kuipers, Goschka, Leland and Basham

The Committee on Government Operations reported the following nominations to office:

Certificate of Need Commission

Mr. James Maitland, 4303 Maitland Drive, Williamsburg, Michigan 49690, county of Grand Traverse, for a term commencing on March 28, 2003 and expiring on March 28, 2006.

Ms. Renee Turner-Bailey, 4534 Strandwyck Road, West Bloomfield, Michigan 48322, county of Oakland, for a term commencing on March 28, 2003 and expiring on March 28, 2006.

Mr. Michael Young, 3051 Courtz Isle #6, Flint, Michigan 48532, county of Genesee, for a term of two years.

Mr. Michael Sandler, 4270 Barcroft Way, West Bloomfield, Michigan 48323, county of Oakland, for a term of three years.

Ms. Norma Hagenow, 8103 Hawkcrest Drive, Grand Blanc, Michigan 48439, county of Genesee, for a term of one year.

Mr. Richard Breon, 4177 Thousand Oaks NE, Grand Rapids, Michigan 49525, county of Kent, for a term of one year.

Mr. Peter Ajluni, 1080 Dowling Road, Bloomfield Hills, Michigan 48013, county of Oakland, for a term of two years.

With the recommendation that the Senate advise and consent to the said nominations.

Kenneth R. Sikkema

Chairperson

To Report Out:

Yeas: Senators Sikkema, Hammerstrom, Cassis, Emerson and Jacobs

Nays: None

The nominations were placed on the order of Messages from the Governor.

The Committee on Government Operations reported the following nomination to office:

Commissioner, Bureau of State Lottery

Mr. Gary C. Peters, 2645 Bloomfield Crossing, Bloomfield Township, Michigan 48304, county of Oakland, for a term commencing on April 9, 2003 and expiring at the pleasure of the Governor.

With the recommendation that the Senate advise and consent to the said nomination.

With the recommendation that the following amendment be adopted and that the bill then pass:

1. Amend page 9, following line 26, by inserting:

"(9) As used in this section, "session day" means each day in which a quorum of both the house of representatives and the senate, following a call to order, officially convenes in Lansing to conduct legislative business.".

The committee further recommends that the bill be given immediate effect.

Kenneth R. Sikkema

Chairperson

To Report Out:

Yeas: Senators Sikkema, Hammerstrom, Cassis and Thomas

Nays: Senators Emerson and Jacobs

The bill and the amendment recommended by the committee were referred to the Committee of the Whole.